Supreme Court · 2004 INSC 320 · Decided 28 April 2004

State of U.P. v. Veer Singh and ORS.

Court
Supreme Court of India
Citation
2004 INSC 320 · [2004] SUPP. 1 S.C.R. 790
Case number
CRIMINAL APPEAL No. 727/1998
Decided
28 April 2004
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 3021149, 3071149, 302, 149, 307, 452, 148, 147; CrPC Section 164; Evidence Act Section 32, 155, 157

Headnote

Penal Code, 1860 : Ss. 3021149, 3071149-Accused killing members of two families- C Evidence of surviving victim-Her statement recorded as dying dec/aration­ Tria/ Court relying on her evidence, convicting 5 accused and acquitting 3- High Court acquitting the said five accused also holding that not consider other evidence on record-Matter remitted D back to High Court for decision afresh. Evidence Act, 1872 : Ss. 32, 155 and 157-Statement recorded as dying declaration-Maker of statement survives-Nature and evidentiary value of the statement-Held, E it is not a statement under s.32 of

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